prudent person inquiry in North Dakota

6 North Dakota opinions name it 1 courts 1964–2015 0 in the last five years

The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
Davis v. Kennedygreen ill · 1883 · cited in 2 North Dakota opinions naming this issue, 2011–2011 2 sentences 2011Ill [¶ 11] In its memorandum opinion and order, the trial court found that in the summer of 2001, at William Swanson’s inurnment ceremony, “Glenn [Swanson] advised William and Lorraine’s son Robert that he (Glenn) owned the Property.” The trial court concluded Glenn Swanson’s comment at the 2001 ceremony “must be deemed to be sufficient to have put the [Swanson children] on notice of Glenn’s purported claim of ownership.” We agree with the trial court that the Swanson children had actual notice of circumstances sufficient to put a prudent person on inquiry, thus requiring them to inquire furth 2011III [¶11] In its memorandum opinion and order, the trial court found that in the summer of 2001, at William Swanson’s inurnment ceremony, “Glenn [Swanson] advised William and Lorraine’s son Robert that he (Glenn) owned the Property.” The trial court concluded Glenn Swanson’s comment at the 2001 ceremony “must be deemed to be sufficient to have put the [Swanson children] on notice of Glenn’s purported claim of ownership.” We agree with the trial court that the Swanson children had actual notice of circumstances sufficient to put a prudent person on inquiry, thus requiring them to inquire furthe	2	2
Bell v. Bellgreen sc · 1915 · cited in 2 North Dakota opinions naming this issue, 2011–2011 2 sentences 2011Ill [¶ 11] In its memorandum opinion and order, the trial court found that in the summer of 2001, at William Swanson’s inurnment ceremony, “Glenn [Swanson] advised William and Lorraine’s son Robert that he (Glenn) owned the Property.” The trial court concluded Glenn Swanson’s comment at the 2001 ceremony “must be deemed to be sufficient to have put the [Swanson children] on notice of Glenn’s purported claim of ownership.” We agree with the trial court that the Swanson children had actual notice of circumstances sufficient to put a prudent person on inquiry, thus requiring them to inquire furth 2011Ill [¶ 11] In its memorandum opinion and order, the trial court found that in the summer of 2001, at William Swanson’s inurnment ceremony, “Glenn [Swanson] advised William and Lorraine’s son Robert that he (Glenn) owned the Property.” The trial court concluded Glenn Swanson’s comment at the 2001 ceremony “must be deemed to be sufficient to have put the [Swanson children] on notice of Glenn’s purported claim of ownership.” We agree with the trial court that the Swanson children had actual notice of circumstances sufficient to put a prudent person on inquiry, thus requiring them to inquire furth	2	2
In re the Trust Estate of Cookgreen delch · 1934 · cited in 1 North Dakota opinions naming this issue, 2007–2007 2 sentences 2007N.D.C.C. § 30.1-34-02 & cmt. (citing Estate of Cook, 20 Del.Ch. 123 , 171 A. 730, 731 (1934)). 2007N.D.C.C. § 30.1-34-02 & cmt. (citing Estate of Cook, 20 Del.Ch. 123 , 171 A. 730, 731 (1934)).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
Pierce Township v. Ernie green nd · 1945 2 sentences 2011We first addressed the sufficiency of an adverse ownership statement in placing a prudent person on inquiry in Pierce Tp. of Barnes County v. Ernie, 74 N.D. 16 , 19 N.W.2d 755 (1945). 2011We first addressed the sufficiency of an adverse ownership statement in placing a prudent person on inquiry in Pierce Tp. of Barnes County v. Ernie, 74 N.D. 16 , 19 N.W.2d 755 (1945).	2	2011–2011
Matter of Conservatorship of Kinney green nd · 1993 1 sentence 2015In re Con servatorship of Kinney, 495 N.W.2d 69 , 71 (N.D.1993); see also N.D.C.C. §§ 30.1-29-17 and 30.1-29-24.	1	2015–2015
Agricultural Credit Corp. v. North Dakota green nd · 1945 1 sentence 1999In Agricultural Credit, 20 N.W.2d at 81-82 , this Court held the judgment creditor had constructive notice of a prior unrecorded conveyance, and, therefore, the creditor’s judgment lien was inferior to the grantee’s rights under the unrecorded deed. [¶ 10] North Dakota law unequivocally recognizes a person who has actual notice of facts sufficient to put a prudent person on inquiry about a particular fact, but who omits to inquire with reasonable diligence, is deemed to have constructive notice of the facts an inquiry would have revealed.	1	1999–1999
Fluegel v. Henschel neutral nd · 1898 2 sentences 1964Fluegel v. Henschel, 7 N.D. 276 , 74 N.W. 996 ; Wannemacher v. Merrill, 22 N.D. 46 , 132 N.W. 412 . 1964Fluegel v. Henschel, 7 N.D. 276 , 74 N.W. 996 ; Wannemacher v. Merrill, 22 N.D. 46 , 132 N.W. 412 .	1	1964–1964
Wannemacher v. Merrill neutral nd · 1911 2 sentences 1964Fluegel v. Henschel, 7 N.D. 276 , 74 N.W. 996 ; Wannemacher v. Merrill, 22 N.D. 46 , 132 N.W. 412 . 1964Fluegel v. Henschel, 7 N.D. 276 , 74 N.W. 996 ; Wannemacher v. Merrill, 22 N.D. 46 , 132 N.W. 412 .	1	1964–1964

Where else courts name it

NY 25 (1905–2026) CA 17 (1942–2026) MN 14 (1966–2017) IL 14 (1873–2009) SD 11 (1973–2025) TX 10 (1921–2021) MI 8 (1919–2017) ND 6 (1964–2015) NE 5 (1995–2024) LA 5 (1938–1986) TN 5 (1945–2013) OK 4 (1942–2017) MT 4 (1894–2021) WA 4 (1945–1999) KY 4 (1930–1978) SC 3 (1921–1938) MO 3 (1903–1998) NC 3 (1991–2012) AL 2 (1983–1984) OH 2 (2012–2024) AZ 2 (1950–2016) DC 2 (1991–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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